State v. Davis

7 So. 3d 468, 2008 Ala. Crim. App. LEXIS 166, 2008 WL 4369250
CourtCourt of Criminal Appeals of Alabama
DecidedSeptember 26, 2008
DocketCR-06-2073
StatusPublished
Cited by10 cases

This text of 7 So. 3d 468 (State v. Davis) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davis, 7 So. 3d 468, 2008 Ala. Crim. App. LEXIS 166, 2008 WL 4369250 (Ala. Ct. App. 2008).

Opinion

WISE, Judge.

Ed Davis was arrested and charged with unlawful possession of a controlled substance (crack cocaine), a violation of § 13A-12-212(a)(l), Aa.Code 1975. Davis filed a pretrial motion to suppress the evidence seized as the result of an investigatory stop, namely, a plastic bag containing what was later determined to be crack cocaine. Following an evidentiary hearing, the trial court granted Davis’s motion, stating that the State had failed to establish the reliability of the informant or the basis for the informant’s knowledge and had not corroborated the information supplied by the informant. Pursuant to Rule 15.7, Aa.R.Crim.P., the State appeals the circuit court’s ruling.

*469 The evidence presented at the suppression hearing established the following: During a September 29, 2006, investigatory stop, Montgomery County Sheriffs Deputy Lynn Esco discovered Daws in possession of what was later determined to be crack cocaine. Deputy Esco testified that he was notified by several people in the Wedgewood Trailer Park that a man named “Ed,” who rode a bicycle, had outstanding warrants and was involved with narcotics in the neighborhood; he stated that he received information about Davis that day from three or four individuals. According to Deputy Esco, because those individuals only identified the man as “Ed,” he needed to get more information from the man in order to check to see if he had any outstanding warrants. Deputy Esco stated that one of the individuals was an informant who had provided reliable information to him in the past concerning two other individuals who were selling drugs and participating in other illegal activity in the neighborhood. The informant telephoned Deputy Esco and advised him that Ed might be buying drugs on Old Selma Road near a local church from an individual who normally drives a red automobile and that she believed Ed may have outstanding warrants. The informant further advised Deputy Esco that Ed made the transactions out on Old Selma Road near the local church because he was afraid to make the transactions in the neighborhood because the presence of the sheriffs department in the neighborhood. Deputy Esco also testified that another individual informed him that “they heard that somebody had gotten in an argument with [Ed] or something and was talking about going to sign a warrant on [Ed].” (R. 11.) Deputy Esco further testified that he was familiar with the neighborhood and had seen and spoken with Davis in passing before, but did not know him by name. Deputy Esco stated that when he approached the entrance to Wedgewood Trailer Park from Old Selma Road, he saw Davis, who was on his bicycle, turning into the trailer park. According to Deputy Esco, he was confident that Davis was the person the informant had told him about because “the informant said he’ll be on a bicycle coming down Old Selma Road coming into Wedgewood, and if you don’t hurry, he’ll already be back in the trailer. So I knew at that time that he would be — by the time — by the length of time they explained to me where he would be and the time I got there, that’s where he would have been at the time.” (R. 7.)

Deputy Esco testified that he pulled his police car behind Davis, stopped, got out of his patrol car, and told Davis he needed to talk to him. Deputy Esco stated that when he asked Davis to place his hands on the car so he could do a quick patdown, he noticed a clear plastic bag in Davis’s hand. Deputy Esco further testified that when he told Davis to place his hands on the car, Davis placed his hands on the car and “[h]e put his head down like this (indicating). He said, ‘[A]ll right. You got me,’ or something to that effect. He said, T know you saw it.’ And then I said, ‘[W]eir — I said, ‘[S]aw what?’ He said, T have a little dope.’ ” (R. 5.)

According to Deputy Esco, when he receives information that an individual may have outstanding warrants he contacts the individual and requests his or her full name and date of birth and then runs a check to determine the existence of any outstanding warrants. Deputy Esco stated if the check revealed an outstanding warrant he would arrest the individual; if the check did not reveal any warrants, he would thank the person for their time and patience.

“This Court reviews de novo a circuit court’s decision on a motion to sup *470 press evidence when the facts are not in dispute. See State v. Hill, 690 So.2d 1201, 1203 (Ala.1996); State v. Otwell, 733 So.2d 950, 952 (Ala.Crim.App.1999).” State v. Skaggs, 903 So.2d 180, 181 (Ala.Crim.App.2004). Here, the facts are uncontested; Deputy Esco was the sole witness to testify at the suppression hearing, and his testimony was undisputed. Thus, the only issue before this Court is whether the trial court correctly applied the law to the facts presented at the suppression hearing, and we afford no presumption in favor of the trial court’s ruling.

“Under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), law enforcement officers may conduct investigatory stops of persons or vehicles if they have a ‘reasonable suspicion that criminal activity has occurred, is occurring, or is about to occur. See generally Caffie v. State, 516 So.2d 822, 825-26 (Ala.Crim.App.1986), [affirmed], 516 So.2d 831 (Ala.1987).’ Lamar v. State, 578 So.2d 1382, 1385 (Ala.Crim.App.), cert. denied, 596 So.2d 659 (Ala.1991). ‘Reasonable suspicion is a less demanding standard than probable cause,’ Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 2416, 110 L.Ed.2d 301 (1990), requiring only that the detaining officers ‘have a particularized and objective basis for suspecting the person detained of criminal activity,’ Webb v. State, 500 So.2d 1280, 1281 (Ala.Crim.App.), cert. denied, 500 So.2d 1282 (Ala.1986).
“It is well settled that ‘[ijnformation provided by a reliable informant can provide the reasonable suspicion required to justify a Terry stop.’ Lamar v. State, 578 So.2d at 1385 and authorities cited therein. Whether the information provided by an informant in a particular case is sufficient to establish reasonable suspicion is to be determined by applying the ‘totality of the circumstances’ test set out in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Alabama v. White, 496 U.S. at 330-31, 110 S.Ct. at 2416. Under this test, which was formulated in the context of probable cause, the informant’s ‘veracity,’ ‘reliability,’ and ‘basis of knowledge’ are ‘highly relevant’ factors to be considered. Gates, 462 U.S. at 230, 103 S.Ct. at 2328. However, because reasonable suspicion is a lower standard, there need not be as strong a showing with regard to these factors as is required for the establishment of probable cause, Alabama v. White, 496 U.S. at 330-31, 110 S.Ct. at 2415.
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“ ‘Reasonable suspicion, like probable cause, is dependent upon both the content of information possessed by the police and its degree of reliability.

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Bluebook (online)
7 So. 3d 468, 2008 Ala. Crim. App. LEXIS 166, 2008 WL 4369250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-alacrimapp-2008.